DISCRETIONARY JURISDICTION PROCEDURE IN COURT OF APPEALS
809.50 Rule (Appeal from judgment or order not appealable as of right). 809.51 Rule (Supervisory writ and original jurisdiction to issue prerogative writ). 809.52 Rule (Temporary relief). SUBCHAPTER VI
APPELLATE PROCEDURE IN SUPREME COURT
809.60 Rule (Petition to bypass). 809.61 Rule (Bypass by certification of court of appeals or upon motion of supreme court). 809.62 Rule (Petition for review). 809.63 Rule (Procedure in supreme court). 809.64 Rule (Reconsideration). SUBCHAPTER VII
ORIGINAL JURISDICTION PROCEDURE
IN SUPREME COURT
809.70 Rule (Original action). 809.71 Rule (Supervisory writ). SUBCHAPTER VIII
MISCELLANEOUS PROCEDURES IN COURT OF APPEALS AND SUPREME COURT
809.80 Rule (Filing and service of documents by traditional methods). 809.801 Rule (Appellate electronic filing). 809.802 Rule (Service on the state in certain proceedings). 809.81 Rule (Form of papers). 809.82 Rule (Computation and enlargement of time). 809.83 Rule (Penalties for delay or noncompliance with rules). 809.84 Rule (Applicability of rules of civil procedure). 809.85 Rule (Continuation, appearance, substitution or withdrawal of counsel). 809.86 Rule (Identification of victims and others in briefing, petitions for review, and responses to petitions for review). DEFINITIONS
809.01809.01 Rule (Definitions). In this chapter: 809.01(1)(1) “Appeal” means a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court. 809.01(2)(2) “Appellant” means a person who files a notice of appeal. 809.01(3)(3) “Bookmark” means a hyperlink allowing the reader to quickly navigate to different sections of a document. 809.01(4)(4) “Clerk of court” or “clerk” means the clerk of the supreme court and court of appeals. 809.01(5)(5) “Co-appellant” means a person who files a notice of appeal in an action or proceeding in which a notice of appeal has previously been filed by another person and whose interests are not adverse to that person. 809.01(6)(6) “Converted” means that all documents in a paper case file have been imaged by the clerk of court and the case file is available to accept filings via the electronic filing system. 809.01(7)(7) “Court” means the court of appeals or, if the appeal or other proceeding is in the supreme court, the supreme court. 809.01(8)(8) “Cross-appellant” means a respondent who files a notice of cross-appeal or a respondent who files a statement of objections under s. 808.075 (8). 809.01(9)(9) “Director” means the director of state courts. 809.01(10)(10) “Docketing” means receiving a document and entering its receipt into the court record. A new matter is “docketed” when the clerk accepts an initiating document and creates a new case. 809.01(11)(11) “Document” means a pleading, notice of appeal, petition, writ, form, notice, motion, order, affidavit, exhibit, brief, judgment, opinion, or other filing in an action or proceeding. 809.01(12)(12) “Electronic filing system” means an Internet-accessible system established by the supreme court for the purpose of filing documents in an appellate court, automatically integrating them into the court case management system, and electronically serving them on the parties. 809.01(13)(13) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the document. To be considered electronically signed, a document must be submitted by or on behalf of a user through the electronic filing system. An electronic signature shall state “Electronically signed by” followed by the name of the signatory, and shall be placed where the person’s signature would otherwise appear. “Electronic signature” includes only those signature technologies specifically approved by the director. 809.01(14)(14) “Filing agent” means a person authorized under s. 799.06 (2) to appear on behalf of another. 809.01(15)(15) “High-volume filing agent” means a person authorized under s. 799.06 (2) who appears on behalf of an entity filing 10 or more actions per calendar year in the circuit courts of this state. 809.01(16)(16) “Hyperlink” means a link allowing the reader to quickly navigate to a location within or external to the document. 809.01(17)(17) “Imaged document” means an electronic copy of a document originally created or submitted on paper. 809.01(18)(18) “Initiating document” means a notice of appeal, petition, complaint, certification from the court of appeals, pre-appeal motion, or any other document filed to commence an action or proceeding in the appellate court. 809.01(20)(20) “Monospaced font” means a font in which each character uses an equal amount of horizontal space. 809.01(21)(21) “Notice of activity” means a notice sent by the electronic filing system to alert the parties that there has been a new user, filing, or activity on the case. 809.01(22)(22) “Notice of docketing” means a notice sent by clerk after an appeal or other appellate court proceeding has been initiated that identifies the assigned appellate case number, caption, and court, and that includes relevant information and instructions about the case. 809.01(23)(23) “Opt in” means to agree to receive electronic service and file electronic documents on a particular case, after first registering for access to the electronic filing system. 809.01(24)(24) “Opt out” means to cease participation as a voluntary user or to indicate withdrawal from the case as an attorney. 809.01(25)(25) “Paper party” means a party not subject to s. 809.801 (3) (a) who chooses not to participate in the electronic filing system. 809.01(26)(26) “Portable document format” means a universal file format that preserves the fonts, formatting, pagination, and graphics of a source document. 809.01(27)(27) “Proportional font” means a font in which the horizontal space used by a character varies. 809.01(29)(29) “Respondent” means a person adverse to the appellant or co-appellant. 809.01(30)(30) “Serif font” means a font that has short ornaments or bars at the upper and lower ends of the main strokes of the characters. 809.01(31)(31) “Traditional methods” means those methods of filing and serving documents, other than electronic filing, provided under statutes and local rules. 809.01(32)(32) “Transmit” means to send or transfer documents and records from one court to another and may be completed by making the documents and records electronically available to the other court. 809.01(33)(33) “User” means an individual who has registered to use the electronic filing system. Users of the electronic filing system shall be individuals, not law firms, agencies, corporations, or other groups. 809.01(35)(35) “Word” means a group consisting of one or more letters, numbers or symbols with a space or punctuation mark preceding and succeeding the group. 809.01 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1977 c. 449; Sup. Ct. Order No. 93-20, 179 Wis. 2d xxv (1993); Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 15-02, 2015 WI 102, 365 Wis. 2d xix; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii. 809.01 NoteJudicial Council Committee’s Note, 1978: The definitions reflect some of the changes incorporated into the rules. The term “appeal” applies both to an appeal authorized by statute and the writ of error guaranteed by Section 21 of Article I of the Constitution. The objective of these rules is to provide the same procedure for appeals and writs of error. Historically, the review authorized by a writ of error was limited to questions of law, while both the law and the facts could be reviewed on appeal. The Wisconsin Supreme Court does not distinguish between its power in appeals and in writs of error. Although under the former procedure appeals were normally used in civil cases and writs of error in criminal cases, the only differences between them were in nomenclature and method of initiating the review process. There is no reason to retain the formalistic differences between them.
809.01 NoteThe definitions of the parties to the appeal are intended to change the former statute, section 817.10, under which the party first appealing was the appellant, and all other parties were respondents. This often resulted in a party with interests identical to the appellant being labeled a respondent, while two parties opposed to each other were both labeled respondents. Under this section the party first appealing is the appellant, parties appealing from the same judgment or order not opposed to the appellant are co-appellants, and parties adverse to the appellant or co-appellant are respondents. The terms “plaintiff in error” and “defendant in error” previously used in connection with writs of error are no longer used. [Re Order effective July 1, 1978]
809.01 NoteNOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.” 809.01 NoteComment, 2021: The definitions of s. 809.01 have been broadened to incorporate electronic filing terminology.
809.01 AnnotationUnderstanding the New Rules of Appellate Procedure. Stephens. Wis. Law. July 2001.
CIVIL APPEAL PROCEDURE IN COURT OF APPEALS
809.10809.10 Rule (Initiating the appeal). 809.10(1)(a)(a) Filing. A person shall initiate an appeal by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered. The clerk of the circuit court may not refuse to accept a notice of appeal for failure to pay the appellate court filing fee required by s. 809.25 (2) (a). 809.10(1)(b)(b) Content. The notice of appeal shall include all of the following: 809.10(1)(b)2.2. An identification of the judgment or order from which the person filing the notice intends to appeal and the date on which it was entered. 809.10(1)(b)4.4. A statement of whether the appeal is to be given preference in the circuit court or court of appeals pursuant to statute. 809.10(1)(b)5.5. If the appeal is under s. 809.30 or 809.32, a statement of the date of service of the last transcript or copy of the circuit court case record if no postconviction motion is filed, the date of the order deciding postconviction motions, or the date of any other notice-of-appeal deadline that was established by the court of appeals. 809.10(1)(b)6.6. If counsel is appointed under ch. 977, a copy of the order appointing counsel. 809.10(1)(d)(d) Docketing statement. The person shall file in the circuit court a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the notice of appeal. Docketing statements need not be filed in appeals brought under s. 809.105, 809.107, 809.109, 809.32, or 974.06 (7), in cases under ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to s. 809.50, except that docketing statements shall be filed in cases arising under ch. 48, 51, 55, or 938. 809.10(1)(e)(e) Time for filing. The notice of appeal must be filed within the time specified by law. The filing of a timely notice of appeal is necessary to give the court jurisdiction over the appeal. 809.10(1)(f)(f) Error in content not jurisdictional defect. An inconsequential error in the content of the notice of appeal is not a jurisdictional defect. 809.10(1)(g)(g) Motions under s. 809.41 (1) (a) or (4). A motion for an order or other relief under s. 809.41 (1) (a) or (4), if any, shall be filed in the circuit court and shall accompany the notice of appeal. 809.10(1)(h)(h) Service. For electronic filing users in the circuit court case, receipt of the notice of appeal, docketing statement, and motions filed under s. 809.41 (1) or (4) through the circuit court electronic filing system under s. 801.18 shall constitute service of the documents. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The appellant shall serve paper parties in the circuit court by traditional methods. 809.10(1)(i)(i) Filing in court of appeals. Subject to s. 809.12, other than the notice of appeal, docketing statement, appellant’s motion under s. 809.41 (1) or (4), if any, and statement on transcript under s. 809.11 (4) (b), which shall be filed in the circuit court, all subsequently filed documents in an appeal shall be filed in the court of appeals.
